AIR 2002 MADHYA PRADESH 130 ::2002 (1) MPLJ 200

Madhya Pradesh High Court

Hon'ble Judge(s): A. K. Gohil , J

(A) Civil P.C. (5 of 1908) , O.41 R.27— Additional evidence - Suit for declaration of title - Second appeal - Question whether patta granted to predecessor-in-title of defendant creates any right in his favour, under consideration - Application in second appeal for filing documents such as application filed by @page-MP131predecessor-in-title of plaintiff in revenue Court, her statement before revenue Court etc. - Copy of order of revenue Court in said proceedings already on record - Court already framing substantial question of law in that regard - Application for filing documents - Liable to be dismissed. (Para 13) (B) Madhya Pradesh Land Revenue Code (1959) , S.185(ii)— Bhumiswami rights - Patta of lease given to predecessor of claimant for only one year - No proof that his predecessor and subsequently he himself was in continuous possession from then onwards till Madhya Bharat Muafi and Inam Tenants and Sub-tenants Protection Act, 1954 or Madhya Bharat Ryotwari Sub-Lessee Protection Act, 1955 or Madhya Bharat Abolition of Jagirs Act, 1951 or Madhya Bharat Zamindari Abolition Act, 1951 came into force - Claimant on the other hand found to have remained out of possession in view of orders of revenue Court passed in suit filed one year after grant of patta for taking back po....